Patna High CourtCR. MISC./58981/2023allowed

Bhagyshali Poddar @ Bhagyashali Kumar v. The State Of Bihar

2023-09-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58981 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- MORKAHI District- Khagaria ====================================================== BHAGYSHALI PODDAR @ BHAGYASHALI KUMAR SON OF LATE BASO PODAR RESIDENT OF VILLAGE MARAR SOUTH, WARD NO 05, PS MORKAHI, DIST- KHAGARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Nibash Prasad For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of brutally assaulted and fired upon the father of the informant leading to his death.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The informant is not an eye-witness of the alleged occurrence and no specific allegation levelled against the petitioner. There is general and omnibus allegation

Patna High Court CR. MISC. No.58981 of 2023(2) dt.04-09-2023 2/2 against the petitioner. Nothing incriminating articles have been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 31.08.2023 passed in Cr. Misc. No. 57243 of 2023. He is languishing in judicial custody since 15.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Morkahi P.S. Case No. 22 of 2023.

(Sunil Kumar Panwar, J) arish/- U